Legal Opinion

Harwell v. Steel

Supreme Court of Alabama

Decided January 15, 1850PublishedCited by 10 opinions

Error to the Circuit Court of Lowndes. Tried before the Hon. Geo. W. Stone. This was an action of assumpsit by the plaintiff against the defendant in error, as administrator of George Pylant, on a promissory note made by the said Pylant in favor of one William B. Johnson, and by him endorsed to the plaintiff.

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Error to the Circuit Court of Lowndes. Tried before the Hon. Geo. W. Stone. This was an action of assumpsit by the plaintiff against the defendant in error, as administrator of George Pylant, on a promissory note made by the said Pylant in favor of one William B. Johnson, and by him endorsed to the plaintiff. The note bears date the 4th January 1S42, and the suit was commenced on the 6th June 1845. The defendant pleaded the general issue and set-off — the latter of which pleas avers that before the notice of the transfer of the note sued onto the plaintiff, the defendants’ intestate became,…

1Opinion of the CourtChilton, J.

1. The statute of limitations may be pleaded to a set-off. — Remington v. Stephens, 2 Str. 1271; Blanchard on Lim. 166; 1 Law Lib. p. 86; Shaw v. Yarbrough, 3 Ala. 588.

2. The statute allows the defendant the benefit of all sets-off possessed, &c. by him before notice of the assignment. — Clay’s Dig. 381, § 6. This right of set-off once acquired is not defeated by the subsequent bankruptcy of Johnson, the maker of the note, any more than by his death. The bona fide holder of a set-off acquired before the bankruptcy can avail himself of the set-off as effectually against the endorsee of the…

2Cases cited5 opinions

  1. Howell v. HairSupreme Court of Alabama · 1849
  2. Lowe's Adm'r v. JonesSupreme Court of Alabama · 1849
  3. Sacia v. De Graaf.New York Supreme Court · 1823
  4. Grice v. JonesSupreme Court of Alabama · 1827
  5. Shaw v. YarbroughSupreme Court of Alabama · 1842

3Cited by10 opinions

  1. Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
  2. Sharp Electronics Corp. v. ShawSupreme Court of Alabama · 1987
  3. Wright v. Strauss & Co.Supreme Court of Alabama · 1882
  4. Jones v. DrewrySupreme Court of Alabama · 1882
  5. Reed's Adm'r v. MinellSupreme Court of Alabama · 1857

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